Judge upholds town of Dryden's ban on gas drilling

Syracuse, N.Y. -- A state Supreme Court judge has ruled that the town of Dryden can ban gas drilling within its borders.

It's the first ruling in New York on the issue of whether towns can outlaw gas drilling, including the controversial process of hydrofracking. Dozens of towns and cities, including Syracuse, have adopted drilling bans.

Last August, the Dryden Town Board adopted new zoning ordinances that included gas drilling on the list of prohibited uses. Anschutz Exploration Corp., which has gas drilling leases on land in the town, filed suit in September. Anschutz argued that only the state can regulate gas drilling.

State Supreme Court Justice Phillip Rumsey ruled today in favor of Dryden, saying the state's mining law does not stop towns from banning drilling through their zoning ordinances.

Tom West, the lawyer who represented Anschutz, said the company might appeal.

"Obviously we're disappointed, but we’re still very confident in our position and we’re confident that the appeals court will take a hard look at our position," West said.

Anschutz said it had already invested $5.1 million to prepare for drilling on about 22,000 acres it leases from landowners.

A spokeswoman for the anti-hydrofracking group that pushed for the town ordinance said the ruling could embolden other municipalities.

“We won the first round, and it has all kinds of wonderful implications for towns in New York that are considering either moratoria or bans,” said Marie McRae, of the Dryden Resources Awareness Coalition.

The suit is similar to one filed last year by an Otsego County farmer seeking to overturn the town of Middlefield's ban on gas drilling. That suit, too, argues that state law prohibits municipalities from restricting gas drilling. No ruling has been made in that case.